Constitutional Court Decision Regarding The Age Limit For Vice Presidential Candidates, KPU Says PKPU Can Still Be Revised

Illustration of the mural of the KPU logo. (Between)

Chairman of the General Elections Commission (KPU) Hasyim Asy'ari said it was still possible to revise the General Election Commission (PKPU) Regulation on Registration of Candidates for President and Vice President 2024.

This revision is carried out if the Constitutional Court (MK) grants a judicial review lawsuit regarding the minimum age limit for the presidential and vice presidential candidates from 40 to 35 years.

"It is possible (the PKPU revision), it is possible (although tight)," said Hasyim when met by reporters at a coordination meeting with political party leaders in order to prepare for the registration of bacalon pairs of presidents and vice presidents at the Gran Melia Hotel, Kuningan, Jakarta, Thursday, October 12.

Currently, said Hasyim, the KPU still refers to the minimum age limit for presidential and vice presidential candidates for 40 years as stipulated in Law Number 7 of 2017 concerning Elections. KPU regulations regarding the Registration of pairs of presidential and vice-presidential candidates also follow the provisions of the Election Law.

"The election law Number 7 of 2017 determines that the minimum age requirement or age of the presidential-vice presidential candidate is even 40 years. The provisions are still that and the KPU regulations that regulate the registration of prospective presidential-vice presidential pairs are also a provision that is still 40 years old as outlined by law," explained Hasyim.

If later the Constitutional Court decides that it is different from the provisions of the minimum age limit for presidential and vice presidential candidates for 40 years, said Hasyim, then the KPU will adjust to the Constitutional Court's decision. The reason is, the KPU is the executor of the Constitutional Court Law and decisions are final and binding.

"That then there is a different decision that the KPU as the executor of the law will implement the decision, but what is clear is that the PKPU is declared valid when it has been signed by the party that has the authority, and we are at the KPU," he said.

Furthermore, Hasyim admitted that he had signed the PKPU regarding the Registration of pairs of Presidential and Vice Presidential Candidates on Monday (9/10/2023). Currently, he said, his PKPU is still waiting for an invitation from the Ministry of Law and Human Rights.

"If the legislation does not make a regulation legal or invalid, the legislation according to Law No. 12 2011 concerning the formation of laws and regulations is related to the date the legislation takes effect," he said.

It is known that the Constitutional Court will read out the judicial review decision regarding the provisions on the minimum age limit for presidential and vice presidential candidates in the presidential election on Monday, October 16, 2023. The judicial review decision regarding the age of the presidential and vice presidential candidates will be held on the 2nd floor of the Constitutional Court building, starting at 10.00 WIB.

On the official website of the Constitutional Court, it is stated that 7 requests for judicial review related to the age limit of the presidential and vice presidential candidates will be read out by the Constitutional Court judge. The seven are the first, namely case number 29/PUU-XXI/2023 with applicant Dedek Prayudi. Second, case Number 51/PUU-XXI/2023 with applicant Yohananna Murtika and Ahmad Ridha Sabana, then third, case number 55/PUU-XXI/2023 with applicant Erman Safar and Pandu Kesuma Dewangsa.

Fourth, case number 90/PUU-XXI/2023 with applicant Almas Tsaqibbirru Re A. Fifth, number 91/PUU-XXI/2023 with applicant Arkaan Wahyu Re A. Sixth, case number 92/PUU-XXI/2023 with applicant Melisa Mylitiachristi Tarandung.

The last is the pronunciation of Decision/Decision for Case Number 105/PUU-XXI/2023 with applicants Soefianto Soetono and Imam Hermanda.

The petitioners tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This article regulates the minimum age limit for presidential and vice presidential candidates of 40 years. The petitioners requested that the minimum age requirement limit be lowered with different standards. There are applicants who ask to be reduced to 30 years, there are applicants who ask for 35 years and some ask that alternative requirements be regulated.

The judicial review of the provisions of the minimum age requirements for presidential and vice presidential candidates has so far been associated with one of the potential vice presidential candidates, namely Solo Mayor Gibran Rakabuming Raka, who is constrained by the minimum age requirements for presidential and vice presidential candidates if he wants to run as a vice presidential candidate. The reason is, currently, Gibran is 35 years old.